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Comments by "dr1flush" (@dr1flush) on "Supreme Court overturns Trump Colorado ballot ban in unanimous ruling" video.
@kesilame2590 Nothing in Section 3 indicates that it must be enforced through Congress. It says “But Congress may by a vote of two-thirds of each House, remove such disability” . My interpretation is that congress must vote to overturn these rulings not actually vote on if the president was a oath-breaker
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@alanlinfield4318 section 5 says “ The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” Congress has the discretion to adopt remedial measures, such as authorizing persons being denied their civil rights in state courts to remove their cases to federal courts. Again that doesn’t read that Congress is the one who has to enforce it.
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@alanlinfield4318 so all that is needed to commit an insurrection ( successful or failed) is a little more than 1/3 of Congress support. Right? The 14th never says that Congress must be the deciding factor for a president but that they can overturn this decision with a 2/3 vote .
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@alanlinfield4318 Congress isn’t even a judicial branch, they are not a court of law. They are a legislative branch. If states can decide to bar local officials from ballot they can control the senate and in doing so control Congress. Hypothetically all that would be needed to commit an insurrection would be less than half of Congress support. Right?
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@alanlinfield4318 just to be clear I don’t think states should randomly decide who’s on the ballot. However a2/3 vote in Congress is not an appropriate determination. Senators don’t vote on facts they vote for what helps their party and themselves. Maybe I’m misunderstanding but to rule that only a 2/3 vote in Congress can bar an oath breaker is kinda scary situation. If half of Congress wants an insurrection they can get it right?
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@alanlinfield8207 I disagree. trump isn’t likely going to win these states anyway . For me it’s not so much about trump. The ruling effectively muddied the water of sec3 and sec5 and gave more power than necessary to Congress. My interpretation is that nothing said that Congress is the sole decider . It says Congress can disqualify the removal of someone from a ballot with a vote. Not that they are the only decider of if someone can be removed. States can bar local officials with state court rulings. So where does it specify they can’t with federal ? IT DOESN’T LOL IMO it should be a federal court ruling if someone is an oath breaker not the Congress which isn’t even judicial branch. Congress doesn’t ever vote on fact they vote on their party best interest. Do you see how that’s problematic? Hypothetically anyone with half of Congress support could commit insurrection. Scary
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@alanlinfield8207 5 doesn’t say Congress is the one responsible for a vote to disqualify oath breakers. That’s not written in it. Again the 14th says Congress can overturn a barred candidate. This ruling just gave Congress more power than they should have and muddied the waters of 3 and 5 . You just need half of Congress to support you and you can commit insurrection. Too much power given to Congress
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@alanlinfield8207 senators never even go by facts. They vote for their partisan interests always or what’s best for them. That’s not a judicial system.Also trump was ruled in the house panel to have incited an insurrection.
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@alanlinfield8207 Congress doesn’t ever vote by facts . They consistently vote for their partisan interests. It should’ve been decided by federal courts or the scotus if insurrection was committed. NOT CONGRESS LOL
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Nothing in Section 3 indicates that it must be enforced through Congress. It says “But Congress may by a vote of two-thirds of each House, remove such disability” . My interpretation is that congress must vote to overturn an official from being removed from ballot not actually vote on if the person should be removed. After all Congress is a legislative branch and not a judicial. This would only apply to people convicted of insurrection. SCOTUS effectively altered the constitution the way I see it
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Nothing in Section 3 indicates that it must be enforced through Congress. It says “But Congress may by a vote of two-thirds of each House, remove such disability” . My interpretation is that congress must vote to overturn an official from being removed from ballot not actually vote on if the person should be removed. After all Congress is a legislative branch and not a judicial. This would only apply to people convicted of insurrection.
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